Quirino v. Quirino

Full title: BARBARA QUIRINO, APPELLANT, v. FRANK QUIRINO, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Dec 11, 1984

459 So. 2d 1183 (Fla. Dist. Ct. App. 1984)

Opinion

No. 84-1396.

December 11, 1984.

Appeal from Circuit Court, Dade County; Francis X. Knuck, Judge.

Friedman Miller and Lawrence Friedman, North Miami Beach, for appellant.

Martin D. Kahn and Patricia E. Kahn, Miami, for appellee.

Before HENDRY, BASKIN and FERGUSON, JJ.

PER CURIAM.

Finding no abuse of discretion in the trial court's award of custody of the oldest child to the father, we affirm. Grant v. Corbitt, 95 So.2d 25 (Fla. 1957); § 61.13, Fla. Stat. (1983).

Affirmed.

FERGUSON, Judge (dissenting).

The only record justification for separating the two minor boys was the older child's expressed preference, made under compulsion to elect. I would reverse. See Arons v. Arons, 94 So.2d 849 (Fla. 1957) (children should not be separated from each other except for the most compelling cause).